News & Analysis as of

Construction Litigation Texas

White and Williams LLP

Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of...

In Morningside Ministries v. Koontz McCombs Construction, Ltd., No. 08:23-00332-cv, 2025 Tex. App. Lexis 3584 (Morningside), the Court of Appeals of Texas (Court of Appeals) considered whether the plaintiff’s construction...more

Bradley Arant Boult Cummings LLP

Touching the Void: Newly Enacted Law Clarifies Texas’ “Home-Rule” Construction Statute

In addition to two other newly enacted Texas laws coming out of the most recent legislative session affecting the construction industry, Governor Greg Abbott also signed HB 2960, providing updates to Texas’ “home-rule”...more

Porter Hedges LLP

Texas House Bill 40 Will Reshape the New Texas Business Courts

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On June 1, 2025, the Texas legislature passed HB 40, and Governor Greg Abbott signed it on June 21, 2025. The new law helps further define the jurisdiction of Texas’s Business Courts, originally established in 2023. This is...more

Porter Hedges LLP

Construction Law Update from the 89th Texas Legislature Regular Session

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The Texas Legislature is currently in session and is scheduled to adjourn on June 2, 2025. Porter Hedges is actively monitoring any legislation that influences Texas construction law and impacts construction projects,...more

Zelle  LLP

Insurer Escapes Duty to Defend Obligation in Toll Road Pile-Up Lawsuits Under Designated Work Exclusion and Professional Liability...

Zelle LLP on

On March 19, 2025, Judge Reed O’Connor in Liberty Mutual Fire Insurance Co. v. N. Tarrant Infrastructure LLC, No. 4:23-cv-01043-O, 2025 WL 863470 (N.D. Tex. Mar. 19, 2025) held that under the Eight-Corners Rule, Liberty...more

Bradley Arant Boult Cummings LLP

Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards

“Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to the Fifth Circuit’s decision in U.S....more

Jackson Walker

Understanding “Action Over” Claims and Third-Party Over Indemnity

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An “action over” (also called a “third-party over action”) is a type of legal action (lawsuit or arbitration) in which an injured employee, after collecting workers’ compensation benefits from his employer, files a tort claim...more

White and Williams LLP

In Texas, a Certificate of Merit Must Address the Conduct of Each Defendant Specifically  

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In Ryan Eng’g, Inc. v. Mond Homeowners Ass’n, Inc., No. 14-23-00960-CV, 2025 Tex. App. LEXIS 1681, the Court of Appeals of Texas (Court of Appeals) affirmed a trial court ruling denying the Motion to Dismiss of defendant Ryan...more

Gray Reed

Lien and Bond Claims in May 2025: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of May....more

Segal McCambridge

The Key Role of Certificates of Merit in Defending Professional Liability Claims against Architects and Engineers

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Currently, the following 12 states require a Plaintiff to file a Certificate of Merit prior to or with a lawsuit alleging professional negligence against architects, engineers, and other licensed professionals. Certificates...more

Gray Reed

Lien and Bond Claims in March 2025: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of March. Be sure to subscribe to the Texas Construction Law Blog to automatically receive our monthly lien and bond guides, as well as other...more

Gray Reed

Lien and Bond Claims in February 2025: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of February....more

Gray Reed

Lien and Bond Claims in January 2025: Dates to Remember

Gray Reed on

Use this guide as a reference when filing lien and bond claim notices for the month of January. Lien and Bond Claim Notices and Filings Required by: January 15, 2025...more

Porter Hedges LLP

Choice of Law and Federal Preemption: Why Texas Law May Not Govern Your Texas Project Despite the Home Rule Statute

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When entering into construction contracts, the question of which state’s laws will govern is a pivotal consideration. Choice of law has real-world implications for how construction disputes are resolved. Different states have...more

Gray Reed

Lien and Bond Claims in December 2024: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of December....more

Snell & Wilmer

An Introduction to the New Texas Business Courts

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It has been approximately two months since the newly established Texas business court system began accepting its first filings on September 1, 2024. This article provides a brief introductory overview of this new court system...more

Gray Reed

Lien and Bond Claims in November 2024: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of November....more

Gray Reed

Lien and Bond Claims in October 2024: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of October. ...more

Gray Reed

Lien and Bond Claims in September 2024: Dates to Remember

Gray Reed on

Use this guide as a reference when filing lien and bond claim notices for the month of September. If you have any questions about the lien and bond claim process, don’t hesitate to reach out to any member of the Gray Reed...more

Gray Reed

Lien and Bond Claims in July 2024: Dates to Remember

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Use this guide as a reference when filing lien and bond claim notices for the month of July....more

Gray Reed

Lien and Bond Claims in June 2024: Dates to Remember

Gray Reed on

Use this guide as a reference when filing lien and bond claim notices for the month of June....more

Snell & Wilmer

Texas Amends Prompt Pay Acts to Address “Excessive Change Orders”

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U.S. Supreme Court Justice Louis Brandeis famously referred to states as the “laboratories of democracy.” The Texas legislative process is an unusual laboratory compared to most states. The Texas Legislature only meets once...more

Gray Reed

Lien and Bond Claims in May 2024: Dates to Remember

Gray Reed on

Use this guide as a reference when filing lien and bond claim notices for the month of May....more

Butler Snow LLP

A New Determination of Design Defect Liability for Texas Contractors

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On September 1, 2021, Texas S.B. 219 went into effect. This new law incorporates Chapter 59 into the Texas Business and Commerce Code. In short, when a client provides plans or specifications containing design defects to a...more

K&L Gates LLP

Texas Supreme Court Holds “Contractual Liability” Exclusion Inapplicable

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In a long and highly anticipated decision issued today, the Texas Supreme Court held that a standard “contractual liability” exclusion does not void coverage for claims alleging that a contractor failed to construct a project...more

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